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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1150
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 15, 2013, at around 21:47, the Defendant sent text messages to the Defendant’s residence located in Seo-gu Seo-gu Blla, 301, to the Defendant’s mobile phone of the victim D (57 years old), who is the husband of C, who is the Defendant’s mobile phone, “Ihma deemed Ihma”.

As a result, the Defendant reached the victim with words causing sexual humiliation or aversion through communication media to satisfy sexual desire.

2. At around 21:55 on the same day, the Defendant sent text messages to the cell phone of the victim D (the age of 57) to the victim’s cell phone by means of the method described in paragraph (1).

As a result, the Defendant reached the victim with words causing sexual humiliation or aversion through communication media to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information

The defendant's age, occupation, records of the crime, contents and motive of the crime, method of the crime, disclosure order or notification order of personal information, the extent and expected side effects of the disadvantage of the defendant caused by the disclosure order or notification order, and it can be achieved.

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